{"operation":"document","citation":"21-0101","title":"Hydro-Test Products, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2022-01-19","effective_on":null,"summary":"21-0101 response to Hydro-Test Products, Inc. concerning 171.8, 180.209, 180.215.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-21-0101.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-21-0101.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-21-0101","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/76226/210101.pdf","body":"<<>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\nJanuary 19, 2022\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nCarlos Graca\nHydro-Test Products, Inc.\n85 Hudson Road\nStow, MA 01775\nReference No. 21-0101\nDear Mr. Graca:\nThis letter is in response to your November 2, 2021, email requesting clarification of the\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to recordkeeping\nrequirements for the visual inspection used to requalify cylinders. In your email, you note that\n§ 180.209(g) allows for an external visual inspection to be performed in lieu of a periodic\nhydrostatic test and requires the results to be recorded and maintained in conformance with\n§ 180.215. However, you note that the recordkeeping requirements include reference to more\ninformation than can be provided by an external visual inspection (e.g., actual test pressure).\nWe have paraphrased and answered your questions as follows:\nQ1. You ask what information must be recorded for a visual inspection performed in\naccordance with § 180.209(g).\nA1. A person who requalifies a cylinder using an external visual inspection only needs to\nprovide information specified in § 180.215(b) relevant to an external visual inspection.\nInformation such as expansion, test pressure, verification, or calibrated cylinder values do\nnot need to be recorded as part of the recordkeeping requirements.\nQ2. You ask whether the manufacturing date and gas service must be recorded during the\nexternal visual inspection.\nA2. The answer is yes. See answer “A3” for Letter of Interpretation, Ref. No. 21-0100.\nQ3. You note a seemingly circular reference among §§ 180.209(g) and 180.215, CGA C-6,\nand CGA C-6.3, and ask for clarity on which regulations to follow when performing\nan external visual inspection of a cylinder.\n\n<<>>\n\nA3. Section 180.209 provides requirements for the requalification of cylinders. Paragraph (g)\nprovides conditions that allow for an external visual inspection requalification of a\ncylinder that is in specialized service. CGA C-6 and CGA C-6.3 are industry developed\nstandards for the performance of a visual inspection and have been incorporated by\nreference into the HMR and thus—by definition—are made part of the HMR.\n(See § 171.8 for the definition of incorporated by reference.) Because of reliance on\nvisual inspections as a means to requalify these cylinders, reference is made to these\nstandards to ensure that visual inspections are performed properly and consistently by\nrequalifiers. Finally, reference to § 180.215 provides a reminder of the requirements for\nreporting and recordkeeping of requalified cylinders. Thus, all are regulations that\nshould be followed in accordance with § 180.209(g).\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\nDirk Der Kinderen\nChief, Standards Development Branch\nStandards and Rulemaking Division\n\n<<>>\n\nBaker\n21-0101\nFrom: Patrick, Eamonn (PHMSA)\nTo: Hazmat Interps\nCc: DerKinderen, Dirk (PHMSA); Foster, Glenn (PHMSA)\nSubject: FW: Recording Requirements\nDate: Tuesday, November 2, 2021 8:49:36 AM\nAttachments: Interpretation letter2.pdf\nFrom: Carlos Graca \nSent: Tuesday, November 02, 2021 8:27 AM\nTo: Patrick, Eamonn (PHMSA) \nSubject: RE: Recording Requirements\nCAUTION: This email originated from outside of the Department of Transportation (DOT). Do not click on links or\nopen attachments unless you recognize the sender and know the content is safe.\nDear sir,\nI do hope that you have received my previous email concerning the recording of a proof test under\nCFR49 section 180.215. We are also getting several questions from the cylinder re-qualification\nindustry regarding the recording of a visual inspection when allowed to be performed in lieu of a\npressure test in accordance with section 180.209(g). Attached is a request for clarification and\ninterpretation concerning the recording requirements under CFR49, section 180.215. I would very\nmuch appreciate an expedited reply. Please contact the undersigned with any questions.\nThank you and I look forward to hearing back from PHMSA on this and my previous request\nCarlos Graca\nHydro-Test Products, Inc.\n85 Hudson Rd\nStow, MA USA 01775\n978-897-4647 ext.14\nEmail: cgraca@hydro-test.com\nwww.hydro-test.com\nFrom: Carlos Graca\nSent: Wednesday, October 27, 2021 2:34 PM\n\n<<>>\n\nTo: eamonn.patrick@dot.gov; hazmatinterps@dot.gov\nSubject: Recording Requirements\nDear Patrick,\nAttached is a request for clarification and interpretation concerning the recording requirements\nunder CFR49, section 180.215. I would very much appreciate an expedited reply. Please contact the\nundersigned with any questions. Thank you and I look forward to hearing back from PHMSA.\nBest regards,\nCarlos Graca\nHydro-Test Products, Inc.\n85 Hudson Rd\nStow, MA USA 01775\n978-897-4647 ext.14\nEmail: carlos@hydrotest.com\n\n<<>>\n\nStandards and Rulemaking Division\nPipeline and Hazardous Materials\nSafety Administration, Attn: PHH-10\nU.S. Department of Transportation\nEast Building 1200 New Jersey Avenue, SE\nWashington, DC 20590\nRe: Test record forms\nDear sir, we are getting several questions from the cylinder re-qualification industry regarding the\nrecording of a visual inspection when allowed to be performed in lieu of a pressure test in accordance\nwith section 180.209(g).\nOur questions are as follows:\n1) There are no expansion values, test pressures, verification or calibrated cylinder used during a\nvisual inspection. However, section 180.209(g) does reference that “results be recorded and maintained\nin accordance with section 180.215.” This is impossible as 180.215 has many fields that are not\napplicable to a visual inspection re-qualification. What fields must be recorded?\n2) Does the “manufacturing date” and “gas service” are they required to be listed?\n3) As with the proof test this referenced compressed gas pamphlet(s), C-6 and C-6.3, do not show the\nnew requirements under 180.215. They do however reference 180.215, yet the regulations in\n180.209(g), states to reference those CGA pamphlets. By strictly going by the CGA pamphlets and\n180.209(g) a circle of confusion is completed with no answers, as both are referring to each other. What\nregulations do we follow? I again ask if a pamphlet should be referenced if it shows samples that do not\ncomply with the regulations referencing them??\nI appreciate your time and quick reply to this and my previous request.\nSincerely,\nCarlos Graca\nCylinder Re-Qualification Training Manager\n85 Hudson Road Stow, Massachusetts 01775 USA\nTel # Tel # Tel # Tel # 800-225-9488 / 978-897-4647 Fax # Fax # Fax # Fax # 978-897-1942 Email Email Email Email: Carlos@Hydro-test.com","truncated":false,"body_characters":6795}